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Tuesday, June 01, 2010

Notice & Waiver Re D'Aversa Complaint / Final.

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendant in Certiorari
Civil Action No. 2010CV184381

NOTICE OF CIVIL ACTION AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS
To KEN E. JARRARD, Esq., as City Attorney of City of Milton, Georgia and attorney for Respondent City of Milton, Georgia Board of Ethics:
A petition for certiorari has been commenced against the entities on whose behalf you are addressed. A copy of the petition, with supporting papers, is attached to this notice. It has been filed in the Superior Court for the State of Georgia in and for the County of Fulton and has been assigned case number 2010CV184381.
This is not a formal summons or notification from the court, but rather my request under Code Section 9-11-4 of the Official Code of Georgia Annotated that you sign and return the enclosed waiver of service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 5 days after the date designated below as the date on which this Notice of Civil Action and Request for Waiver of Summons is sent. I enclose a stamped and addressed envelope (or other means of cost-free return) for your use. An extra copy of the
waiver is also attached for your records. YOU ARE ENTITLED TO CONSULT WITH YOUR ATTORNEY REGARDING THIS MATTER.
If you comply with this request and return the signed Waiver of Service, the waiver will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is filed.
If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Georgia Rules of Civil Procedure and then, to the extent authorized by those rules, I will ask the court to require you (or the party on whose behalf you are addressed) to pay the full costs of such service. In that connection, please read the statement concerning the duty of parties to waive the service of summons, which is set forth in the Notice of Duty to Avoid Unnecessary Costs of Service of Summons enclosed herein.
I affirm that this Notice of Civil Action and Request for Waiver of Service of Summons is being sent to you on behalf of the plaintiff this 15th day of April, 2010.
_____________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; e-mail
LGillis@gilliscreasy.com.
NOTICE OF DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS
Subsection (d) of Code Section 9-11-4 of the Official Code of Georgia Annotated requires certain parties to cooperate in saving unnecessary costs of service of the
summons and complaint. A defendant (or respondent) located in the United States who, after being notified of an action and asked by a plaintiff located in the United States to waive service of summons, fails to do so will be required to bear the cost of such service unless good cause be shown for its failure to sign and return the waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
A defendant (or respondent) who waives service must, within the time specified on the waiver form, serve on the petitioner’s attorney (or unrepresented plaintiff) a response to the complaint and must also file a signed copy of the response with the court. If the answer is not served within this time, a default judgment may be taken against that defendant.
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendant in Certiorari
Civil Action No. 2010CV184381

WAIVER OF SERVICE OF SUMMONS
To LUCIAN GILLIS, Jr., Esq., Attorney for Petitioner:
I acknowledge receipt of your request that I waive service of a summons in the action of In re Tina D’Aversa, (Bd. of Ethics Mar. 16, 2010), which is case no. 2010CV184381 in the Superior Court of Fulton County, Georgia. This is on behalf of the City of Milton Board of Ethics and the City of Milton, Georgia, only. I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I understand that I am entitled to consult with my own attorney regarding the consequences of my signing this waiver.
I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by the Georgia Rules of Civil Procedure.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the action—including but not limited to those related to the proper parties to this
action—or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons upon the City of Milton Board of Ethics and the City of Milton, Georgia, only.
This day of April, 2010.
_______________________________ KEN E. JARRARD,
Georgia Bar No. 389550,
Attorney for City of Milton Board of Ethics & City of Milton, Georgia.
JARRARD & DAVIS, LLP,
105 Pilgrim Village Drive, Suite 200, Cumming, GA 30040 678-455-7150; fax 678-455-7149;
kjarrard@jarrard-davis.com.

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